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- Warrant for arrest
Overview — Warrant for arrest
A party may file an application for contravention alleging a breach of a parenting order under Div 13A of Pt VII of Family Law Act 1975 (Cth) (FLA) or for breach of a property order under Pt XIII FLA.
A party can apply to the court for location and recovery orders which will assist in locating the child and returning them to the proper party.
See Location and recovery orders.
However, often if an order has been breached, then another course of action is to seek to have a warrant issued against the breaching party both for the purpose of punishment and as a method of ensuring compliance with the order. In most cases, where a party does not participate in the contravention proceedings, the applicant party can choose to apply to the court for a warrant for the respondent’s arrest so they may be brought before the court. The court will decide whether to issue the warrant and will direct the Marshal of the Court to serve and execute the warrant.
See Warrant for arrest.
